Settlement – a Better Way to Resolve the Dispute? Cover Image

Ugoda – lepszy sposób rozwiązania sporu?
Settlement – a Better Way to Resolve the Dispute?

Author(s): Aneta Biały
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: settlement agreement; mediation; mutual concessions; res transacta; court settlement

Summary/Abstract: The very wide range of legal relationships which makes a possibility to concludea settlement shows its great importance in practice. Similarly, it is necessary to assessthe need for its dissemination, not only in court proceedings, because the amicable settlementof the dispute between the parties plays a very positive role. The parties to anout-of-court or court settlement have a sense of resolving the dispute, which is not settleby the third party. In this way, the parties have a possibility to create their own legalposition and situation. In conclusion, it should be noted, that despite a number of doubtsabout how to deal with the practical application of Art. 917 k.c. and art. 918, the settlementagreement fulfills its essential functions, is a better way to resolve a dispute thanto remain in the dispute or refer the case to court.

  • Issue Year: 2017
  • Issue No: 19 (3)
  • Page Range: 113-129
  • Page Count: 17
  • Language: Polish